(The AEGIS Alliance) – California came to be the 1st state to ban “stealthing,” or the removal of a condom without consent in the course of sexual intercourse. Governor Gavin Newsom signed the legislation into law on Thursday.
The recent action modifies the state’s civil regulations, incorporating the act into the state’s civil interpretation of sex-related battery. This makes it crystal clear that victims may take legal action against perpetrators for damages, consisting of compensatory damages.
The law prohibits the removal of a condom without acquiring verbal permission.
Democratic Assemblywoman Cristina Garcia initially attempted to make it a criminal offense in 2017 following a 2017 study by Yale University that pointed out actions of “stealthing” had been increasing against both women as well as gay guys.
Legislative experts stated at that point that it could be viewed as misdemeanor sex-related battery, but it is seldom taken to court because of the difficulty in verifying that a perpetrator behaved deliberately rather than accidentally.
The Erotic Service Providers Legal Educational Research Project supported the legislation, stating it can make it possible for sex workers to take legal action against customers that remove condoms.
Legislators in New York, as well as Wisconsin, previously proposed similar laws.
“This law is the first of its kind in the nation, but I urge other states to follow in California’s direction and make it clear that stealthing is not just immoral but illegal,” Garcia stated.
Newsom additionally authorized a 2nd Garcia bill, this one addressing that the rape of a spouse should be treated in the same way as the rape of a non-spouse, removing rape regulation exemptions if the victim is married to the wrongdoer.
“Rape is rape,” Garcia pointed out. “And a marriage license is not an excuse for committing one of society’s most violent and sadistic crimes.”
The exception goes back to a time when women had been expected to obey their spouses. California had been among 11 states to compare spousal rape and other kinds of sex assaults.
There is no variation in the maximum penalties, however, those found guilty of spousal rape presently may be qualified for probation as opposed to jail or even prison. They have to register as sex offenders under existing legislation only if the action included using force or physical violence and the significant other was penalized to sentencing in state prison.
On Wednesday, Newsom authorized expanding the statute of limitations for victims to submit civil lawsuits if they had been sexually assaulted by law enforcement officers that were on duty, in uniform, or armed during the time.
He additionally authorized legislation that increases access to diversion programs for young people that commit nonviolent felonies, with the objective of urging more rehabilitation.
Kyle James Lee – The AEGIS Alliance – This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.